Notional retiring age for certain persons not members of the Permanent Forces
54A Notional retiring age for certain persons not members of the Permanent Forces
In this section:
non‑Permanent Forces officer means an officer who is not a member of the Permanent Forces.
Permanent Forces officer means an officer who is a member of the Permanent Forces.
Where:
a non‑Permanent Forces officer retires; and
the retiring age for the rank held by him on his retirement is greater than it would have been if he had been a Permanent Forces officer on his retirement;
the retiring age for the rank held by him on his retirement shall, for the purposes of:
subsection 38(2);
subsection 39(2), other than subparagraph 39(2)(a)(ii);
subsections 52(2) and (5); and
if he became a non‑Permanent Forces officer after the commencement of this section and he was, immediately before becoming a non‑Permanent Forces officer, a Permanent Forces officer—subsection 40(2);
but not for any other purpose of this Act, be deemed to be the age that would have been that retiring age if he had been a Permanent Forces officer on his retirement.
Where:
a member who is not an officer and not a member of the Permanent Forces retires;
he is entitled to pension under subsection 52(3);
paragraph (a) of that subsection applies to him; and
the retiring age for the rank held by him on his retirement is a greater age than it would have been if he had been a member of the Permanent Forces on his retirement;
the retiring age for the rank held by him on his retirement shall, for the purposes of subsection 52(4), but not for any other purpose of this Act, be deemed to be the age that would have been that retiring age if he had been a member of the Permanent Forces on his retirement.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.